Oct. 2, 2005: NEXT FOR MONROE? NO ONE'S CERTAIN

The only thing that seems clear about the future of Fort Monroe is that the Army is leaving.It's becoming increasingly likely that Congress will not stop the base-closing process, meaning that in a few weeks, Fort Monroe could officially be slated for closure.

What happens after that is anybody's guess. Typically, converting a military base into a private community is a complex process rife with legal potholes. But Fort Monroe is not typical.

The questions and answers below are based on conversations with Hampton and state officials, retired military officers, developers, consultants, lawyers and officials in other communities who have converted military bases into private communities.

There's a common theme throughout: Nobody really knows how the process will play out because federal, state and local agencies will have a hand in the process.

One indication of how complicated this process can be is that Fort Monroe could remain an active military base even after the Army leaves.

Q: When will the Army leave Fort Monroe?

A: It could be 2011 before the last troops leave. The law guiding base closings calls for the Army to vacate the land in two to six years.

The Training and Doctrine Command will be heading to Fort Eustis. But before that can happen, a unit at Fort Eustis must relocate to Fort Lee in Petersburg. So it's expected to be closer to six years.

Q: Local officials say most of the base reverts to the state when the Army leaves the property. What does that mean?

A: The piece of property known as Fort Monroe consists of nine deeds cobbled together over time. Five of those deeds -- maybe two-thirds to three-quarters of the base -- include a clause that says the Army has to give the property back to the state when it stops being used as a fort.

Q: So the Army will give at least that property to the state?

A: Maybe. There might be a dispute between the Army and the city about so-called accreted property.

Q: What's accreted property?

A:Over the past two centuries, the strip of land has changed shape. The boundaries of the deeds have expanded, largely because the Army filled in places that used to be part of the Chesapeake Bay or Mill Creek.

Q: What about the portions of the base that don't revert to the state?

A: The Army has not yet said, but it could insist on selling the land.

Q: OK, so the state, or the city, might have to pay a little. But the land will end up in the hands of local officials, right?

A: Maybe.

Regulations proposed by the Pentagon would give other branches of the military, including the Coast Guard, first dibs on the property.

The state gets the property back only after the military is done with the land.

Q: Assuming the Navy doesn't want admirals living in the swank waterfront homes, and the state or city is willing to pay for the land, then development will begin no later than 2011?

A: Not necessarily. There's no deadline for the Army to give up the land. However, the Pentagon will be under political pressure from Congress to get this redevelopment moving as quickly as possible.

Q: Assuming that other branches of the military take a pass on Fort Monroe, who will manage the development?

A: Hampton officials say it will be them. The General Assembly and the City Council have established an independent body called the Federal Areas Development Authority that the city hopes will guide development.

Gov. Mark R. Warner has told city officials that the state will let the city lead the process, but there will be a new governor in January.

Q: What will be built at Fort Monroe?

A: Nothing has been decided. However, Hampton Mayor Ross A. Kearney II has indicated that there will probably be some blend of homes, shops, office space and parks.

Q: When will plans be adopted?

A: The city is working on conceptual plans now. Those will provide a broad outline for the future -- basically identifying which areas will be set aside for parks and which sections would be best for homes. After that, the city expects to draft a more detailed master plan in about a year.

Q: Why not pack the base with high-end condos that could provide much-needed tax money for the city?

A: First, the mayor wants the development there to be accessible to everyone. He doesn't want a gated community. He would also like to see a major company relocate to the base and replace some of the civilian jobs that will be lost.

Second, the Army might not agree with 100 acres of condos.

Q: Why does the Army get to decide?

A: The Army will determine how thoroughly it clears the land of unexploded ordnance based on the plans for the base's future.

If the Army disagrees with the city's plans, the Army can develop its own concept for what should be there, or not be there, and establish how much of the base to clean. So, city officials have been advised to work closely with the Army.

Q: You mean the Army doesn't have to completely clean the base?

A: The regulations for removing unexploded ordnance require thorough cleaning for some uses, such as a day care center. But for others, such as an office park, the Army would not have to go as far below ground searching for unexploded weapons.

Q: What happens to the moat?

A: Probably nothing. The stone moat, like more than 100 buildings on the base, is a historic property. Federal regulations require that they be maintained, which could cost $14 million a year. *